Of"'"1 Oregon Enterprise. rin vouimic :w. NO. 1fl. OREQON CITY KNTERI'KISKp FRIDAY, OCTOBER 9, 1003. ESTABLISHED 18(J6. Ci Y JJOIJKUT A. MILLER ATTOKNI'.Y AT LAW im.rntieHi.M.i uwki oniceifi rr rrf nr TT IV Vlll tuaeticc In all Courts of the Stale jVJ A - 4 Kimm , Weiiihurd Illdg. Opp. Court House, On-gVu City, Orrgon rL.I'OKIKK, J- ATTORNEY AT I.AW TA Tor raoraiur rrsHHtiaii. Office uex' 10 Oregon City Kiib'nri' 1 K. C. IlKOWNKI.l., ATTORNEY AT LAW Oregon City. - - ,r,,II"" Will practice In nil the cimrU of Hi lU. Olllce In Caiillelil building. JIVY STMT Attiihnky at Law. JuhIicm ol the Peace. Jagger Illdg., Oregon CHy T r.CAMI'UKl.l.. (J ATTORNEY AT I.AW, RlliO CITT. " Will practice I" allihe Cotiru ef Hie alaU. 01- See. 111 l...llfloM l.uiiillua- Q U . D O LATOL'KKTU ATTOKN KYS AND COUNSELORS AT I.AW MA gTHKKT OKKCIO CITY, OKKOON. funil.h AtMilr.mi ofTUIe.Loan Money, Fore go.. M..riM. '''cl "",e"11 l.w aiulne- fpilt COMSUHCULBAMK Of OKKHON CITY. . . . 1100,000 Capital, .,.,! emiat.iiiaiiiasrsiisii. , l!n.. m"l. Hlll.dl.count.d. U lhe Knlte-l States, lump. iJ H..! W. UetH-ll. r.rel'ed 10 choc B,uk pit Irum ." to4 r. ()t W. EARTHAM AITOHNKY AT LAW Land Till" Examined. ANtrrt Mf l. ICl.. Murine. l'rn. ilon.y U"ed orru t ov Dank of (rrgon Clly. Ohkiow ClTt.OH. M U'UEN A SCHUEHEL Attorneys at Law. Will ...... 1,, . in il cniiriii. make cullectloin KurnMi l.i.lr. l ( titl. I"-"'1 "" """"y lid leml your inoni-y on llmt inorgt!. Office In Entorpriso Building, On-Kiin l ily, Oreiioll. JOHN YOUNGER, Near Huntley's Drujj Store, FORTY YEARS EXPERIENCE IN Ureat Rritain and America. Carl A. I'aUlafl' Chan. M. Moehnko COMPANY LU M B E Rf 00 o 00 o co: SEWING MACHINE Do not lie di-erived lv tlx vlio ad vTtlne a $M.MI HewliiK Machine for tJO.00. This kind of a machine en be lMHi)?ht from us or any of our dealer from fl.l.OO to 18.00. WI MAKC A VASIfTY. THE NEW HOME IS THE BEST. The I'rd detennlnea tho strength or wi'iikiic of Bt-wliiK Machines. The oublo l'eiMleoniMnl w ith other strong xlnts niakitt the ow Homo the Utt Hewing Machine to buy. MefiirCIRCMSSSsKj we muiiufiu-tureanil jirlftn In-fore pun-luinnm THE NEW HOME SEWIN6 MACHINE GO. eKAHOI. ffl Union Hq. N. Y., I'lilimco, III., Atliintu, (la., HL LouU,Mo., DiiIln,T. x.,Hiin Kniiirlc, Cul ro" aai-t by C. 8. CRANE, 350 Morrison Street, Portland, Oregon. BUY THE OO CO coco cocoo occo coco o . o o o o o o o o o o o 0 ' g W .... HDL if fir w Tlio only first-clurts Second-Hand Dealer in Furniture Htoven and Utensils. It is worth your time to come and exaiuino thu stock. You will find a full line of New and Second-Hand Furniture, StoveH, Crockery Hardware, Etc IIIliuHt vhhIi iricB pniil for iw iiiiil lioml K""'". 8 I. Tolpolar o o MAIN SRTEET Ono Door North of Commerlcal Bank OOCOO COCO CO WM. GARDNER & SON WATC HMAKERS O AND O JEWELERS... I All work given our prompt Court House Block and careful attention. , . . Prices Reasonable . ORECON CITY, ORE. Oregon City VTaehine Shop BUCKLEIN & KLEINSHMIDT. Proprietors. (Jenurl Machine Work of all klndi) dun. We carry in stock a line of Shafting and I'ulleya n and second hand. Firat class Engine and Saw mill machinery. Orders hy Mail or Teli'lione promptly filled. At rear of I'ope'i Hardware Store. Oregon City, Oregon. Oregon Washington State Fair Victories ON BARRED PLYMOUTH ROCKS Or-t?Mi Male fair UM)2 J-a-3 on Cock llinls, 6 in Competition 1st on Hen, 10 in Competition I-J 3 on 1-ullets. . . .40 in Competition and on. . .Cockerel 21 in Competition 1st on pen, 11 in Competition 1st in American Class Iliiv, won Jut mi iilllt th l't 3 y..r. Htix-k for aitlo, -gK l Hmll. J. MURROW & SON. Fok Fixe Candies, Nuts, Fkuits, Etc., Call On the' KOZY KANDY KITCHEN t Brunswick House & Restaurant j Newly Furnished Rooms. Meals at All Hours. Prices Reasonable. Opposite Suspension Bridge. Only First Class Restaurant In Town. PILES f T T ivt o w 1 r o o o o o o o o o o J o o o COOO CO ccooo :0 Philip Bccklkw A. Klki.nshmidt Wiishlnsloii Slate Fair 1902 We only sent 3 pullets, I hen and I Cock and won on every entry but one besides specials, including best pen in the show. Prizes won 1st Cock, 1st ilea: 1st and and Pullet; 1st pen. Kxhlbltltm Stock ipuclalty Some irrHiiil piillnta for title. Eggt 3.00 Oregon City. Oregon- Finest Chocolate Creams in the City. Also Cigars and Tobacco. CHARLES CATTA, Proprietor SB, WHIMS' BDUV PILE MI & 'bK log lulling fll-. It absorbs tlie tumor, allays the luuing at once, Klves Instant relief. Krery box Is warranted. Sold by druitglstx. Sent bv uiH nn receipt of price. M cent and 11. U0 per box. WILLIAMS MFQ. CO., Prop., CleTeland, Ohio. For Pale at HUNTLEY'S SAY IT'S ILLEGAL Validity r Initiative and Kef eretidum (Questioned. Portlaud Attorney Will Appear lie. fore Muprerne Court In Ouposl. linn to Meaiure. The briuf of City Attorney L. A. Mo- Nary to tlin tupreine court in the suit of A. A. Kadderly et al. aiiainut the city of l'ortlaml, in which the four judges ol (he mate circuit court held the initiative and referendum amendment to the coniititu- tiun unconstitutional has been prepared, and will be filed at once, says the Ore gunian. It is contended in the brief, as held by the lower court; that other amendments were pending at the time the amend ments were proponed, contrary to the lollowing section of the constitution. "If two or more amendments shall be submitted In euch manner that the elec tors shall vote for or against each of such amendment separately, and while an amendment or amendments which shall have been agreed upon hy one legisla tive BHHembly shall be awaiting the ac tion of a legislative assembly, or of the electors,' no additional amendment or amendments shall be proposed." 1 lie brief assumes that the amendment is unconstitutional for the reason that it was ratified in violation of the Federal Constitution, and not in accord with fixed provisions for submitting and rati fying amendments. 1 lie brief states, referring to constitu tional requirements: "Constitutional provisions relating to amendments are as binding upon the people as upon the legislative assembly, and the people cannot, even by a unani mous vole, give legal effect to an amend ment which was submitted in disregard of the limitations proosed by the con stitution. "It matters not if not only every elec tor, but every adult person in the state should desire and vote for an amend ment to the constitution, it cannot be recognized as valid unless such vote was had in pursuance of, and in substantial accordance with the requirements of the constitution. "It follows that the conditions pre scribed in the Constitution of Oregon for its own amendment, must be strictly ob served in all substantial requirements, both by the legislative assemblies that propose, girree to and submit the amend tuent, and by the electors who ratify it. and the failure of either the one or the other to comply with those requirements renders the proposed amendment uncon stitutional." The brief is long, and discusses the question very fully. It includes the de cision against the initiative and referen dam amendment rendered by Judges Sears, Cleland, George and Fraier, and closes with the following statements: "From whatever point we view this amendment it is uprepublican and revo lutionary, and violates the limitations imposed by the federal Constitution. That government is not representative 01 republican where the action of its de partments is subject to annulment by the people, and particularly where the people can exercise the delegated func tions upon their own initiative and ab solutely independent of the department. "Such a government is an absolute or pure democracy. This amendmeut is obnoxious to the spirit of our republican institutions, directly opposed to the ge nius of republican government. Nor is it redeemed from the vice of unconstitu tionality by reserving a few shreds of authority to the legislative assembly. The legislative department is shorn of its constitutional functions by it. If the amendment is declared valid by this court, similar amendments can be adopt ed which will destroy the representative character of the other departments. 'The decisions of this court can be made subject to review by the people at the polls. The acts of the executive de partment can he made subject to tue vote of the people. This amendment in vades the functions of the executive de partment. It places the people above the executive department. If it is per mitted to stand we will have a republi can federal government and a pure dem ocratic ttate government, an incongruity which was never Intended by the Irani- era of the Federal Constitution or by the people who adopted it. W e conclude, therefore, that the amendment was rati. bed in violation of the provisions of the provisions of the federal Constitution. If it violates that instrument, it is not a part of the State Constitution, and it is the duty of this court to so declare. "lhe political department ol tue fed eral Government does not intervene in the case of an unconstitutional amend ment, and that department could not eithet by declaration or acquiescence legalize'un amendment which was rati fied in violation of the terms of the Fed eral Constitution. Questions of constitu tionality are judicial, not political. The Constitution of the United States does not vest Congress with any power to de termine the constitutionality of amend ments to State Constitutions, and unless this power is especially delegated to Con gress it resides in the judicial depart ments of the State and National Govern ments." TAKES TO SITKEME COURT. Salt Inrolving the Legality or Sew Assessment Law Appealed. District Attorney Manning and Judge Charles H. Carey have filed their appeal to the supreme court in the case of Ma ria L. Flanders against Multnomah county to enjoin the county officers in assessing, equalizing, levying and col lecting taxes under the provisions of the statute amended by an act of the last legislature, to take effect after January 1, 1904. In the appeal it is asserted that the court must decide whether the act of 1903 supersedes the previous law Jan nuary 1, 1904, or whether it is the inten tion that the; new system shall then be set in motion. They argue that the new act simply revises the old law by shifting the dates, and that, with this exception, the pro visions of the old and new acta are al most identical. Instead of a repeal the new act n simply a revision, making the date of assessment January I, Instead of March 1, and the ievy and arortion ment by the county court at the Septem ber instead of the January term. Attention is called to the fact that the act is to provide a more efficient method tor the assessment and collection of taxes, and does not indicate an inten tion to prohibit the making and equaliz ing of assessments during the year 1!MXS, nor to prohibit the counties from paving their deputies during the year, but rather tbat the purpose is to facilitate the as sessment and collection. Oregooian. MAIUJI'AM FAIR WAS A SUCCESS Farmers Made Creditable Display. Talk of County Fair. The Seventeenth annual meeting of the Marquam District Fair Association, which was concluded Saturday, was a great success financially. this institution has been maintained by the progressive people of the south end of the county, without the aid of a state appropriation, for seventeen years. Agricultural products, fancy work ami live stock constitute the main exhibits which have increased both in number and quality each succeeding year. No races are con Jucted in connection with the fair which is self-sustaining from the gate receipts and entrance fees charged for lhe exhibits. The aggregate of prizes this year wan 300. Fully I'OOO people were on the grounds for the concluding day, Satur day. There is a growing sentiment in Clack amas countv for the organization of a county fair. The plan under considera tion contemplates the forming of a stock corporation for the annual exposition of the countv s resources at some central and convenient point. It is possible tbat the Marquam Association will be absorbed in the company that expects to organize. TEAtHEKS ARE VERY SCARCE. Some Clackamas County Districts Are Without Instructors. "Wanted Several teachers. Apply at once to County Superintendent Zinser at the court house." Such is the sub ject of an unusual classified advertise ment given the local papers today by County Superintendent Zinser. Its purpose is to supply a big deficit in the number ot instructors In the pub lie schools of Clackamas county. Never before, reports Superintendent Zinser, were teachers as scarce in this locality as they are this year. Several causes contribute to this scarc ity. In the first place the average wages paid teachers in this county are lower than any other in the state. As a con sequence the great majority of peda gogues seek employment in other coun ties, where wages are better, while many others have gone away to school or are engaging in other business. With this combination of causes, some districts in this county tyid il practically impossible to supply their schools and have applied to Superintendent Zinser for assistance. The majority of the reported vacancies exist in the rural districts, which are able to pay salaries ranging only from 33 to 40 per month. Because of their limited school tund, these districts can not pay better wages. TAXES ARE X0W DELLNQLEST. Clackamas County 1902 Roll Is Practi cally Collected. Unpaid taxes on the 1902 roll for Clackamas countv became delinquent at 6 o'clock on Monday evening. On a roll aggregating 177,000, Sheriff Shaver has collected approximately $103,000, leaving delinquent less than 110,000. Delinquent taxpayers will now be obliged to pay 10 per cent penalty and 12 per cent per annum interest in liquidating with the county. A great majority of the taxpayers of this county took advantage of the new tax law which gives the property own er the privilege of paying his taxes in two installments. The principal heavy property owners paid their assessments within the prescribed time and received the rebate, which in this county aggre gates $4000. It is the opinion of the Clackamas county officers that this feature of the tax law should be repealed since it is an advantage only to the man of wealth, who is in a position to pay his taxes at any season of the vear. PROLIFIC CROP OF iiLRRIES. R. K. Hnrtncll, or Clackamas, Real izes $900 From Two Acres. Clackamas county against the world ! R. K. Uartnell, a farmer residing near Clackamas, this county, is now supply ing the Portland market with fresh, ripe strawberries. The fruit is of average size, plump, fullv matured and delicious. The variety was not learned, bat it is de cidedly prolific. r rom two acres ol ground Air. liartnell has already marketed this summer $S50 worth of berries. He is still picking perries from the same field and expects to harvest at least 150 boxes more before the season closes. Mr, Uartnell has been marketing ber ries from this field since the strawberry season opened last June, and he now has in his field berries in all stages of growth from the bloom to the matured fruit. Makes m Clean Sweep. There's nothing like doing a thing thoroughly. Of all (be salves you ever beard of, Bucklen's. Arnica Salve is the best. It sweeps away and cures burns, sores, braises, cuts, boils, ulcers, skin eruptions and piles. It's only 25c, and guaranteed to give satisfaction by Cbarman & Co., druggisU. FAV0U OF VETEKAN Certificate of Claim Must lie Is sued by Secretary of State. Even If the State Appropriation la Exhausted Case Will lie Appealed. Judge Sears this week decided that Secretary of State Dunhar m,,.t ;.. . certificate providing for the payment of the the cimiu ut it . a. nnvd, a veteran of Indian wars of lT,fiiKSfl . to - J- 1 1 MllJUTJUblllK $125.50. notwithstanding 11,. .nn, priation of $100,000 made by the last legislature to liquidate such claims is tnausteu, Bovd'a claim was ninmil nrl .1. - - " niiu al lowed bV the Bdllltlint-tfunaral hA the law appoints as the supervising offi cer, and was rejected by the secretary of state upon presentation, on the ground that the fund of $100,000 had all been paid out. It appears that the claims oresented airiri.itci1 nv 11m nnn . 1 there is, therefore, a shortage of $36,000. dou. represented Dy J. C. Moreland, filed a mandamus euit against Secretary of State Dunbar to rnmiwl tin. ian,.n, oft he warrant, and the secretary of state uieu u uwer trial Hie aDDroDriat on as exhausted. J nd ' TO fnrulonil amnail that the fact that tho fund . .,nr. did not authorize the rejection of claims by Secretary of State Dunbar, which were approved oy me adjutant-ge- eral. In deciding the nun ti,a nn,i h.1,1 that the mere fact that the appropriation had become erhmiAt.,1 di.f nn h... ti.o effect of putting an end to the force of tne act providing for the payment of te veterans for of which the act was originally presented 10 vne piaie legislature and passed. Judge Sears further based his conclu sion on the provision of a statute passed uj tue legislature in 1901, wherein it specified that where a claim is presented in pursuance of the authority of law it shall be audited, and, if allowed, a cer tificate shall be issued as evideace of tbat fact. In sustaining the demurrer to the answer, the court specified that the writ of mandamus should issue in so far as it required the secretary of state to issue a Cflrtifii-tA itdJ i tho claim presented, and this will cause the wrewrj ot state to certify that J. K. Boyd holds a claim against the state of $125.50 for services rendered while ho was engaged in fighting Indians. This ends the matter in the lower court, but an appeal may be taken to the supreme court by Attorney-General Crawford, because, while tbo Boyd claim is small, the total sum involved is $30,000 and the present is only a test case. FOR CUSTODY OF A CHILD. Sarah Code, Former Wire ef Charles Wilklns, Wants Decree Opened Up. Mrs. Sarah Code, "the divorced wife of Chas. Wilkins, filed an affidavit Monday in the Clackamas county circuit court asking that the decree of the court by which Wilkins secured from her a di vorce, be opened up in order that she may make the necessary showing to gain the custody of one of the minor children. In her affidavit, the woman sets forth tbat she was married to Wil kins at Salem in August, 1892; that in 1901 Wilkins brought suit for divorce and represented and agreed to ber that in case she did not appear and answer the complaint, allowing the plaintiff to secure a divorce without a contest, tbat she would be allowed the care and cus tody of Lewis Wilkins, the youngerchild. aged 5 years. Mrs. Code claims that she subscribed to the agreement and fulfilled her part of the contract, but alleges that Wilkins took the child from its home in Salem and placed it with a family of strangers residing near Dallas; tbat Wilkins violated his agreement with, her and bad the court make and enter a decree giving to him the custody of the two children; that Wilkins works as a deckhand on a river steamer and is not in a position to look after the welfare of the said child. The woman, who is rep resented by G. B. Dimick, of this city, asks that the court make an order direct ing the said Wilkins to produce Lewis Wilkins in court and show cause why the child should not be awarded to its mother according to the alleged agree ment between the parties. R. L. Holmin, leading undertaker Oregon City, Oregon. March 27-tf New Obbgon City Pastor. In the as signment of ministers by the General rMethojst Conference at Salem this week, Rev. W. S. Grim, pastor of the local church, was transferred to the As toria congregation, while Rev. J. Henry Wood succeeds Rev. Grimm in the pas torate of the Oregon City church. THE0LD RELIABLE Absolutely Pure THERE IS HQ SUBSTITUTE